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G-02-11-26-9C1 - 11/26/2002ORDINANCE NO. a_o_ii-z-qci AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, AMENDING SECTION 6.400 OF CHAPTER 6 OF THE CODE OF ORDINANCES; PROVIDING DEFINITIONS; ESTABLISHING CERTAIN SMOKING RESTRICTIONS IN PUBLIC PLACES; AND PROVIDING FOR A REPEALING CLAUSE, A SEVERABILITY CLAUSE AND A PENALTY CLAUSE WHEREAS, the regulation of smoking in public places within the City of Round Rock (the "City") is necessary to protect the public health and welfare by prohibiting smoking in certain public places; Now Therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: Section 1. Adoption of Findings of Fact. The findings and recitations set out in the preamble of this ordinance are found to be true and correct and they are hereby adopted by the City Council and made a part hereof for all purposes, as findings of fact. Section 2. Section 6.400 of Chapter 6. Section 6.400 of the Code of Ordinances of the City of Round Rock is hereby amended in its entirety. Section 6.400 of Chapter 6 of the Code of Ordinances of the City of Round Rock is hereby replaced in its entirety, and shall read as follows: SECTION 6.400 SMOKING OF TOBACCO PRODUCTS IN PUBLIC PLACES 6.401 DEFINITIONS (1) Air Purification System. An electrically powered hospital grade filter that: O:\wdox\ordinanc\00040137.DOC (a) has an air -exchange rate of four (4) times per hour or once every fifteen (15) minutes for the Designated Smoking Bar; (b) as its first stage, contains a minimum 30 % rated pleated pre -filter; (c) as its second stage, contains a HEPA filter media that is rated to remove not less than 99.97% of 0.3 microns; and (d) as its third stage, contains an industrial grade processed carbon composite adsorber filter specifically designed for removal of environmental tobacco smoke and gases. (2) Bar. Any establishment: (a) that derives more than fifty percent (50%) of its gross receipts from the sale of alcoholic beverages; and (b) that is not located within, and does not share any common entryway or common enclosed area (other than a covered sidewalk or pedestrian way) with any other place not otherwise listed in §6.403(1) below; and (c) in which the serving of food, if any, is merely incidental to the primary business of serving alcoholic beverages. (3) Common Areas. Areas such as restrooms, lobbies, service line areas, public telephone areas, and other areas commonly used by the public. (4) Designated Smoking Bar. A bar which serves food and/or mixed drinks and which the owner or operator has designated all or any portion thereof for smoking. All Designated Smoking Bars shall be equipped with an air purification system and/or an exhaust system, which shall be designed by a professional engineer and shall otherwise comply with the requirements of §6.404 below. (5) Enclosed Area. Any area covered by a roof and having at least one wall. Vehicular drive- through lanes and open outdoor concourses of Sports Arenas shall not be considered Enclosed Areas. (6) Exhaust. Air removed from a space and discharged to the exterior of the building. (7) Health Care Facility. Any office or institution providing individual care or treatment of human medical, physiological or psychological illness, which definition shall include but not be limited to hospitals, doctor's offices, nursing and convalescent homes and senior citizen residential facilities. (8) Non-profit Private Club. Any building, premises or portion thereof which is wholly owned or leased and operated by an organization meeting the requirements of Chapter 501(c) of the United States Internal Revenue Code, as amended. (9) Person. Any individual, firm, partnership, association, corporation, company or organization of any kind. 2 (10) Place of Employment. Any enclosed area under the control of a public or private employer and which employees normally frequent during the course of employment, including but not limited to work areas, employee and employer offices, employee lounges, employee restrooms, conference rooms and employee cafeterias. A residence, including a home occupation, is not considered to be a place of employment. (11) Public Conveyance. Any mass transit vehicle or school bus. (12) Public Place. Any enclosed area to which the public is invited or in which the public is permitted, not including the offices or work areas not entered by the public in the normal course of business or use of the premises. A residence is not a public place. (13) Retail Tobacco Store. An establishment whose primary purpose is to offer for sale and sell to consumers, tobacco and tobacco products and accessories. (14) Service Line. A line of persons formed for the securing of a service or product on a first-come first-served basis. (15) Smoking. The lighting, holding, carrying of, inhaling and exhaling of the smoke of a tobacco product, which definition includes but is not limited to the carrying or holding of a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment or device. (16) Sports Arena. An indoor or outdoor facility primarily used for sports, cultural or other similar events. (17) Tobacco Product. The product derived from the dried leaves of any one of the various species of Nicotine, including but not limited to the species Nicotine Tabacum, the broad leafed native American plant, which is utilized for smoking. 6.402 PROHIBITION (1) Except as provided in §6.403(1) below, smoking is unlawful inside of and outside within five feet (5') of any entrance or open window of the following places: (a) Common Areas, except as provided in §6.403(1). (b) Elevators. (c) Places of Employment. (d) Public conveyances. (e) Public places. (1) Public restrooms. (g) Taxicabs. (h) Service lines. (i) Sports Arenas. (2) No smoking shall be designated by signs posted in conspicuous locations located at any entrance to and within all public places and places of employment. Such signs shall be visible to the public and clearly recite the phrase "No Smoking" and/or use the international no - smoking symbol. 3 6.403 EXEMPTIONS (1) Smoking is lawful in the following places: (a) Retail tobacco stores, including any common areas. (b) Smoking as a part of a theatrical production. (c) In bars, including common areas, which do not serve food and which serve alcoholic beverages pursuant to a Wine and Beer Retailer's permit issued by the Texas Alcoholic Beverage Commission. (d) Subject to compliance with §6.404 below, in a Designated Smoking Bar. (e) Separate patient care and/or sleeping quarters of health care facilities and convalescence facilities which have been designated as a smoking room by the owner or operator, provided however that lobbies, hallways and other common or public areas shall be nonsmoking areas. (0 Hotel and lodging rooms, provided however that hotel lobbies, hallways and other public areas shall be nonsmoking areas. (g) Open outdoor concourse of a Sports Arena, which has been designated as a smoking area by the owner or operator. (h) Non-profit Private Clubs. (2) The owner or operator of all public places listed in (1) above, that have both no smoking and smoking areas shall post signs in conspicuous locations located at any entrance to and within such public places. Such signs shall be visible to the public and clearly recite the phrase "Smoking In Designated Areas Only." (3) The owner or operator of all public places listed in (1) above, where the entire premises is or has been designated as a smoking area shall post signs in conspicuous locations located at any entrance to and within such public places. Such signs shall be visible to the public and clearly recite the phrase "Smoking is Permitted Throughout the Premises." 6.404 REQUIREMENTS FOR DESIGNATED SMOKING BARS (1) In order to have a Designated Smoking Bar, the owner or operator of a bar not included within §6.403(1)(c), must have a valid permit issued therefore by the City pursuant to paragraph (2) below and shall: (a) Provide the Designated Smoking Bar with exhaust and/or air purification systems that will provide a minimum of four (4) air changes per hour for the entire Designated Smoking Bar; 4 (b) Properly maintain in accordance with manufacturer's recommendations the exhaust and air purification systems used in Designated Smoking Bars and keep a log and receipts for all such maintenance, including filter replacement; (c) Allow City personnel to inspect such systems and maintenance logs at all reasonable times; (d) Provide signs conspicuously posted in the bar which state: "Smoking In this Area Only"; or if the entire premises has been designated a smoking bar, provide signs conspicuously posted at any entrances which state: "Smoking is Permitted Throughout the Premises; and (e) Provide receptacles for the extinguishments of smoking materials located within all Designated Smoking Bars. (2) In order to maintain a Designated Smoking Bar, the owner or operator of the premises must apply for and receive a permit issued by the City in compliance with the following: (a) An application for the permit shall be submitted on forms provided by the City. (b) The fee for processing the application shall be $50.00. (c) Prior to the permit being issued, the system as described in (1)(a) above for the proposed Designated Smoking Bar must successfully pass a test showing the system works properly. (d) If the system fails two successive tests, the applicant shall pay a re -testing fee of $50.00 for each additional test. (3) The owner or operator of a Designated Smoking Bar shall be required to pass additional tests from time to time as determined by the City. (4) Failure to pass a test shall result in the denial of the application for a permit, or the revocation of an existing permit to operate a Designated Smoking Bar, and the bar shall be deemed to be nonsmoking until successfully tested or re -tested. (5) Failure to maintain the exhaust and/or air purification systems so that said systems will not provide a minimum of four (4) air changes per hour for the entire Designated Smoking Bar shall result in the revocation of an existing permit to operate a Designated Smoking Bar, and such bar shall be deemed to be nonsmoking until such time that it can be demonstrated that said systems are operating satisfactorily. 6.405 UNLAWFUL (1) A person commits an offense if he/she: (a) knowingly, intentionally or by criminal negligence smokes in an area designated as prohibited under §6.402; 5 (b) knowingly, intentionally or by criminal negligence fails to post any sign as required by this Section; (c) knowingly, intentionally or by criminal negligence destroys or defaces a sign posted as required by this Section; (d) knowingly, intentionally or by criminal negligence fails to designate nonsmoking and smoking areas as required by this Section; (e) knowingly, intentionally or by criminal negligence designates or maintains a smoking area in violation with the requirements of this Section; or (f) knowingly, intentionally or by criminal negligence violates any other provision of this Section. 6.406 INJUNCTION (1) In accordance with §54.016 of the Local Government Code, the City may obtain against the owner or owner's representative with control over the premises an injunction that (i) prohibits specific conduct that violates this Section; and/or (ii) requires specific conduct that is necessary for compliance with this Section. II. A. Except as provided below, the effective date of this Ordinance shall be February 1, 2003. The effective date of the smoking prohibition in bars and the provisions of § 6.404 shall be June 1, 2003. B. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. C. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. D. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open 6 to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. READ and APPROVED on first reading this the 14th day of November, 2002. READ, APPROVED, and ADOPTED on second reading this the Lday of - `x-/11. :IU 2002. ATTEST: 1,Qty-Lc) 4. J)f) CHRISTINE R. MARTINEZ, City Secre 7 /`a, Lr�/_ d" NY MAXWELL, :.. ty of Round Rock, Texas DATE: November 21, 2002 SUBJECT: City Council Meeting — November 26, 2002 ITEM: 9.C.1. Consider an ordinance amending Chapter 6, Section 6.400, Round Rock Code of Ordinances (1995 Edition) to amend the smoking regulations in the City of Round Rock. (Second Reading) Resource: Jim Nuse, Chief of Operations/Assistant City Manager Will Hampton, Communications Director Cindy Demers, Assistant to the City Manager History: This ordinance is the final version of what was approved at the November 14th Council meeting. A redlined version is provided to show the changes that were made. Funding: Cost: No cost is associated with the "Complete Ban" ordinance. Source of funds: N/A Outside Resources: HCE Inc. Impact: The "Complete Ban" ordinance would prohibit smoking in all public places including places of employment with the exception of stand alone bars that hold a beer and wine license only and the stand alone bars that hold a mixed drink license must have a filter and ventilation system in the facility. Benefit: This ordinance would improve public health by either prohibiting or strictly limiting smoking in public places. Public Comment: Staff held several meeting with restaurant representatives and smoking ban proponents.